5 February 2003
Sir, Madam:
In order to get Prof. Jose Maria Sison off the list of “terrorists” of the European Union, judicial steps are being taken, aside from the campaign with petition letters and protest actions. In the first week of February, Prof. Sison will file an appeal before the Court of the European Communities in Luxemburg to demand the annulment of the decision of the European Council inasfar as it refers to Jose Maria Sison.
The Luxemburg Court – less known than the Court of Strasbourg – has jurisdiction on differences regarding the implementation of the European Union treaties, e.g. regarding free competition and the free flow of goods and services. As the EU decision against Prof. Sison impinges on the free flow of finances to and from him and limits his freedom of movement, the Luxemburg court is competent to handle this case.
Atty. Jan Fermon, a Belgian lawyer famous for his defense of trade union, democratic, migrant and political rights, will defend Prof. Sison, with the help of Mr. Hans Langenberg (Netherlands), Mr. Eberhard Schultz (Germany), Mr. Thomas Ohlsson (Sweden) and Mr. Antoine Comte (France). First of all, they point out that the procedure used against Mr. Sison violates all basic rules of law. The decision was reached without having heard the accused. There is no transparency at all concerning its motivation. Nobody is allowed access to the files. Secondly, they argue that Sison’s activities can in no way be considered terrorist. And finally, they show that the EU decision has been taken only to satisfy a demand by the United States.
Philippine lawyers have significantly contributed to the legal appeal, under the leadership of Atty. Romeo Capulong, who heads the Public Interest Law Center in Manila and who has recently been appointed UN Judge. They have made had an important input regarding the legal and political judgment being made in the Philippines of Mr. Sison’s activities. They stressed that several attempts to accuse him of terrorism have systematically failed. And they point out that only a few weeks ago, Jose Maria Sison was even considered by the Philippine government to form part of a government of national unity.
It is hard to foresee how the European court will react to the legal appeal and how long the procedure could take. For it is the first time that a similar case is being brought to the European level. But it is beyond doubt that a broad support for the democratic rights of Prof. Sison will increase his chances of winning the case. We will keep you informed.
The legal defense of Prof. Sison means an important and additional financial investment. For this reason we humbly request you to send your financial contribution either
| to the account number 40 45 73 932 of the ABN AMRO bank, the Netherlands, with mention of “Stichting rechtshulp OKKN, Stadsring 69, 3818 HN Amersfoort” | or to the account number 001-3831552-31 of the Fortis Bank, Belgium, with mention of “Fonds Sison” |
Thank you!
Sincerely,
For DEFEND,
|
Ruth de Leon
Tel. +31-30-2368722 Postbus 15687 |
Els Van der Sypt
Tel. +32-494-176982 Wondelgemstraat 184 |